STATE OF MAHARASHTRA Vs. VASHISHTHA RAMBHAU ANDHALE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by the prosecution challenges the order granting bail to the respondent, Inspector of Police attached to the Dharavi Crime Branch, Unit-5, Mumbai. The respondent was arrested during the investigation of the crime registered in the Bund Garden Police Station, Pune relating to the organized crime that has come to be known as the stamp scam. The respondent was accused No.55. He was arrested on 18.10.2003 and though the Special court declined his prayer for bail, in appeal, the High Court granted bail. It is that order of the High Court that is challenged in this appeal.

(3.) Learned counsel for the appellants submitted that the Central Bureau of Investigation (for short the CBI) had taken over the investigation as directed by this Court in March 2004, had conducted proper investigation and had charge-sheeted various accused and a revised charge-sheet had been filed in July 2004. It is submitted that this Court had entrusted the investigation to the CBI on finding that the Special Investigating Team constituted for that purpose by the State of Maharashtra was not investigating the crime having great social dimensions, in a proper manner or with due sincerity. He submitted that the investigation conducted by the CBI clearly indicated the involvement of the respondent in lending a helping hand to Telgi to facilitate the commission of an organised crime and the evidence, thus far obtained by the CBI has not been appreciated properly by the High Court keeping in mind the circumstances under which the CBI came into the picture and started an investigation on its own. Counsel submitted that the High Court made an erroneous approach to the materials gathered by the CBI and has erred in discarding them on the basis that there was some delay in recording the statements of the witnesses, at least nine of whom had spoken of the involvement of the respondent and the confessional statement of accused No.8 Sajid, who confessed that he had handed over Rs.15 lakhs to the respondent by way of illegal gratification and as a quid pro quo for the respondent releasing those connected with a stamp offence.